If you have been injured due to someone else’s negligence, you could be entitled to compensation for those injuries. The following is a general outline of the different types of personal injury claims that may be brought in Colorado. It is advisable, however, to contact an attorney as soon as possible after an accident, so that he or she can help you maximize your claim.
After you are injured, seek medical attention immediately- then contact a Weldona personal injury attorney. Other important steps you can take to facilitate a successful claim include:
- Documenting all injuries and property damage. Take pictures, keep receipts and invoices, and obtain copies of accident reports and documentation of missed time at work.
- Get the contact information for any eyewitnesses.
- Most importantly, never give a statement to anyone other than law enforcement without consulting your attorney and never sign any documents without your attorney present.
Statute of Limitations
In Colorado, you have a limited amount of time to file a personal injury claim. This statute of limitations varies, and in some cases begins at the time a person knew about, or should have known about, the injury.
For strict liability, product liability and wrongful death, the time limit is 2 years. Assault and battery or defamation claims must be filed within one year. For the majority of cases, which fall under negligence and include car accidents and slips & falls, the statute of limitations is 2 to 3 years.
There are many different types of personal injury claims. However, the most common is a negligence claim. Colorado uses the legal doctrine of comparative negligence to assign fault meaning any person or company who was negligent is liable. This can also include the injured party.
There are two interesting facets to this system. First, the injured party must be less than 50 percent at fault to be able to make a recovery. The next important point states that if the injured party was also negligent, their recovery will be reduced by the percentage to which they contributed to the accident.
For instance, if someone runs a red light and hits you but it is determined that you were speeding, a jury might determine that you were 20 percent negligent, reducing your $100,000 recovery by $20,000.
Damages and Limitations
If you have been injured, you may be eligible to recover damages for medical expenses, property damage, and lost income due to the accident. Depending on the type of claim, you may also be able to make a recovery for loss of consortium, pain and suffering, injury to your reputation, or punitive damages.
Generally speaking, economic losses (for medical expenses and lost wages) are not capped. However, some non-economic damages are. A knowledgeable Weldona personal injury attorney will be able to clarify any limitations or exceptions in regards to your individual case.
Contact Our Weldona Personal Injury Lawyers
If you or someone you love has been injured in an accident in Weldona, Wiggins, Yuma, or anywhere in the State of Colorado, it is important to seek legal help immediately. Contact Gregory A. Gold of the Gold Law Firm today for a free consultation at (303) 694-4653. Our Weldona personal injury lawyers are ready to fight for you and your rights to compensation. Call today!